Search Options
Judgment Advanced Search
Displaying 3601-3620 of 3988 results.
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....roneous view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to grant relief in the Writ petition on the view that "a licences cannot claim any vested right of renewal of his licence or the provisions of law referred to by the p......p;……………………….Appellant. Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and another……………Respondents Judgment July 29......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....s. Nawab Wazir Ali Khan 39 I.A. 156. Here the suit was brought by the plaintiffs praying for declaration that all the property comprised was a waqf and the plaintiffs were trustees under the deed and claimed for possession and there it appeared that the conveyance was made by a pardanashin in woma......jan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......nveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the pro......at the respondent No. 1 purchased the land from respondent No. 3 with an agreement to reconvey the said land. The agreement is dated 26.4.63 which stipulated that the land will be reconvened if the money is repaid within 10 years. The respondent No. 3 made an application under section 9(4) and ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ase for declaration that the acceptance of the tender of their rival was illegal is not by itself a sufficient ground for maintenance of the suit and such a suit would not entitle the plaintiffs for claiming injunction, inasmuch as, neither any right accrued to them nor any right of theirs requir......fic Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right as to the contract for which the tenders were invited and the conditions on which he participated in the bid……….(...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....estoppel.…………(11) Mere application for return of the gold after acquittal does not, in the circumstances, amount to his admission of possession of the gold. In the previous trial he disclaimed it and the Court also held that it was not recovered from his possession, Because of this fi......l or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barred by the doctrine of issue-estoppel.…………(11) Mere application for return of the gold after acquittal does not, in the circumstances, amount to his admission of ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectment is that Balaram, father of Respondents, was a......t a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, as hare of crops, service or any other thing of value, to be rendered periodically for or on ..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....by the provisions of the Shops and Establishment Act. They were rightly allowed 2 days' compensatory leave for working on each festival holiday under the Shops and Establishment Act and as such their claim was misconceived. Those respondents were also not entitled to get overtime allowance for 4 hou......n, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV of 1965), section 2(b). Security employees of the factory filed the case for remedy as workers. The definition of worker and manufacturing process clearly reveals that unl......as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......rpreting the language of the other.……………………(11) Maintenance of one’s family members not being understood as a charity in English language. The present waqf which in part produces for family maintenance cannot be treated wholly for charitable purpose.…………….(14) Waqf-...... (b) Religious and charitable purpose (such purpose are detailed in the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed further pr..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Re......t appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Referr..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....e grant of leave, the appellant Bangladesh Chemical Industries Corporation and another have challenged the order of the High Court Division in Writ petition allowing the Respondent Sk. Abdur Rashid's claim that his substantive post of Chief Accountant of M/S. Karim Rubber Industries Ltd., was not te......................................................Respondent Judgment November 15, 1979. Service Matter Part of the disputed matter of this writ petition which was concluded earlier by the former writ petition, the corporation cannot be allowed to raise that matter again in this writ peti......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
...., the High Court would be justified in quashing the proceedings by exercising its inherent power under section 561A of the Code". Mr. Razee could not place his case on such level so as to claim even on admitted facts that no criminal case could stand against the petitioner. It is for t......r sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceedings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongat......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....f the lands at Tk. 8,286-12 but the respondents did not accept. They made an application for arbitration before the Tribunal in terms of section 91A of the Act for determination of the compensation claiming much higher rates. In the absence of the Tribunal set up under the said Act, the Land Acq......). When no Tribunal has been set up, any reference to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ...... the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Ben......e from investments and royalties ; (d) loans raised by the Council with the prior approval of the Government; and (e) receipt from other sources allowed by the Government. (2) All money in the fund of the Council shall be deposited in such bank or banks as may, from time to time..Category: Employment/Service Law | Date: | Hits: 130
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......lusion on the subject matter of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to that effect the High Court Division cannot substitute its findings for those of the Tribunal in exercise of Writ jurisdiction. Lawyers Involved: Ahmed Sobhan, Sen......case which is the exclusive jurisdiction of the Labour Court". 6. The facts leading to the dismissal of the appellant reveal that the only charge against her was one of stealing a certain sum of money from the hotel room occupied by a foreign guest. The High Court Division on examination of the..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....ections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his claim………..(10) If more than one plot of land are transferred by a sale deed, a tenant havin......granted to consider the question as to whether intervention of a public pathway severs contiguity as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts relevant for consideration of the question are that the appellant petitioners purchased several parcels of ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....n of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules and has claimed ownership and possession over both of them. With regard to the first he has sought a declara......78. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....sidering section 26 of the Special Criminal Courts Ordinance held that the High Court did not possess inherent Jurisdiction to interfere with the order of the Special Magistrate, for no Court can claim inherent jurisdiction to exercise powers expressly taken away by legislation. Section 26 exp......ve any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....1943 AIR (PC) 94. In this case the plaintiff instituted a suit against her husband, his son, defendant 2, and two banks in India with whom money had been deposited on fixed deposit receipt and the claim was brought by the lady for a declaration that certain sums of money which were held by the b......neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif...... case of Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94. In this case the plaintiff instituted a suit against her husband, his son, defendant 2, and two banks in India with whom money had been deposited on fixed deposit receipt and the claim was brought by the lady for a decla..Category: Civil Law | Date: | Hits: 112
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......lved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed t......e tenant in a similar manner about the change of ownership of the premises. The rent for the premises was Taka 1200.00 per month. The tenant remitted the rent for the month of November 1987 by postal money order to the new landlords. Allegation of the tenant is, that the new landlords purposely avoi..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....the trial Court's Judgment and decree, passed in Tide Suit No. 69 of 1981. 2. This suit was tried analogously with Title Suit No. 339 of 1981. Both the suits related to a property which was claimed by respondent, Government of Bangladesh, as an abandoned property a claim denied by th......, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by th......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
12841277127412711262126112591257125612551252124912481244124212391234122912261225